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Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev

Faculty Articles and Other Publications

This Article introduces participatory defense as a powerful new model for improving public defense and challenging mass incarceration. This grassroots movement empowers the key stakeholders — people who face criminal charges, their families, and their communities — to become change agents who force greater transparency, accountability, and fairness from criminal justice systems. After introducing the model’s core principles and goals, the Article offers innovative analyses from doctrinal, theoretical and empirical perspectives. First, the Article connects participatory defense with the crisis-ridden history of the constitutional right to counsel, including that doctrine’s roots in the Due Process right to be heard. Second, …

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Articles by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial …

The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris

Legacy Theses & Dissertations (2009 - 2024)

Few issues have captivated the criminal justice world in recent years like wrongful convictions. An advocacy network has developed around the United States, responsible for exonerating more than 1,500 individuals and successfully passing reforms at all levels of criminal justice policy and practice. This "innocence movement" has been described as a "revolution" and a "new civil rights movement," yet has rarely been examined in-depth by scholars. In this dissertation, I explore the history and theoretical underpinnings of the movement through interviews with 37 actors involved in innocence work, archival materials, and observational research. I draw on the rich body of …

The Impact Of Public Service Motivation On Reentry Managers' Decision-Making Practices, Marie Pryor

Electronic Theses and Dissertations

The goal of this exploratory study is to examine the effects of public service motivation (PSM) in predicting decision-making of criminal justice personnel (reentry managers) in the management of former prisoners. The overarching research question seeks to answer if, and in what way, PSM score influences reentry managers' approach to their work with the formerly incarcerated, who are in transition from prison back into the community. The main assumption of this study is that those reentry managers with a higher PSM score will be more inclined to take an assistance oriented approach with former prisoners and be more likely to …

Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Cyrus R. Vance, Jr., was first inaugurated as the District Attorney of New York County on January 1, 2010. Over the following four years, Mr. Vance enhanced the Manhattan District Attorney’s Office as a national leader in criminal justice by expanding the offices expertise on an array of 21st century crimes, including identity theft, cybercrime, white-collar fraud, hate crimes, terrorism, domestic violence, human trafficking, and violent and gang-related crimes.

Upon taking office, Mr. Vance modernized the Manhattan District Attorney’s Office by reorganizing its resources and creating new specialized bureaus and units, including the Cybercrime and Identity Theft Bureau, Major Economic …

Nebraska Coalition Of Juvenile Justice Strength-Based Assessment, Ryan E. Spohn

Reports

The Nebraska Coalition for Juvenile Justice (NCJJ) was established in 1982, as required by the Juvenile Justice and Delinquency Prevention Act and acts as an advisory group to the Nebraska Crime Commission. In 2013, NCJJ submitted a technical assistance request for strategic planning to the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) seeking assistance in the development of an action oriented, strategic plan to guide its future activities. The OJJDP technical assistance meeting occurred on May 30th and 31st, 2013.

One of the recommendations resulting from this technical assistance meeting was that …

Racial Profiling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, Kevin R. Johnson

University of Michigan Journal of Law Reform

In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an “aggravated felony” for purposes of removal, an important question under the U.S. immigration laws. In the removal proceedings, Adrian Moncrieffe, a black immigrant from Jamaica, did not challenge his arrest and drug conviction. Consequently, the Supreme Court did not review the facts surrounding, or the lawfulness of, the criminal prosecution. Nonetheless, the traffic …

Abstract Uneducated Injustice: A Social Cognitive Approach To Understanding Juror Misconduct And Verdict Errors, Melinee Melissa Marie Calhoun

Walden Dissertations and Doctoral Studies

A continual problem in the adjudication of crime in the United States is the continued occurrence of erroneous convictions and acquittals. This problem impacts the victims of crimes as they endure emotional and mental distress of additional investigations and new trials. Defendants are impacted by errors in verdicts because of the loss of freedom while being factually innocent. These errors may occur because jurors may not be knowledgeable of their role, right and responsibilities. Without regard to the judge's minimum instruction, the jury is not provided direction on the purpose and limitations of their roles. Guided by the social cognitive …

The Interaction Effects Of Subjective And Structural Factors On Crime Among Formerly Incarcerated Males, Christopher Alvin Veeh

Electronic Theses and Dissertations

The high rate of recidivism in the over 600,000 individuals who return from incarceration each year is an important social problem facing U.S. society and the criminal justice system. Efforts undertaken so far early in the 21st century to address the problem of recidivism in the formerly incarcerated, particularly prison reentry programs, have produced disappointing results at reducing the rate of recidivism. Therefore, there is a need to identify new ways for prison reentry programs to reduce recidivism among individuals recently returned from prison, and social work with its person-in-environment perspective can make an important contribution through conducting research to …

Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin

Antioch University Dissertations & Theses

This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation …

Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor

Faculty Scholarship

In 2014, many states revisited disproportionately high sentencing schemes for low-level property offenses. Voters in states across the country rallied in favor of reductions in penalties for low-level, nonviolent property offenses, such as theft, check fraud, and larceny. Bipartisan efforts to ease the financial burden of incarceration have lead to criminal justice reforms in states like California, Oregon, and Mississippi. Advocates for women in the criminal justice system have embarked on campaigns to frame reforms as not just a cost-cutting measure, but also as a moral imperative.

For many women, primarily women with little money, relatively low-value property offense convictions …

Honoring And Celebrating Myrna Raeder, Brett Dignam

Faculty Scholarship

It is a great privilege to be honoring Myrna Raeder and to celebrate her impressive career, scholarship and personhood. How appropriate to bring together scholars and advocates who share and will carry on her passions. Thank you everyone at Southwestern Law School who worked so hard to imagine and realize this symposium, for gathering us together, and for giving us the opportunity to reflect on the many gifts and fierce challenges Myrna gave to each of us. There is no finer tribute we can give than to carry on her work – the development of ideas and the encouragement of …

A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor

Faculty Scholarship

In 1973, the feminist newsmagazine Off Our Backs featured a segment on women in jail awaiting trial in Washington, D.C. Many of the women faced minor charges, such as soliciting prostitution, but remained in detention because they could not afford to pay even very low amounts of monetary bail. The magazine interviewed Myrna Raeder, then a fellow at Georgetown, and other attorneys involved in a class action suit against D.C. corrections, who argued that low-income women were unjustly subjected to the punitive effects of pretrial detention, in violation of their due process rights. Raeder reported to the newsmagazine, “as a …

Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo, David Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

On 9 March 2011, Governor Patrick Quinn abolished capital punishment in Illinois stating that the state’s system of imposing the death penalty was inherently flawed. Quinn’s announcement followed an eleven-year effort to end the death penalty that began with a 2000 moratorium on executions imposed by then Governor George Ryan. This moratorium was the direct result of the appellate reversal of a series of death-row convictions. Prompted by these reversals, Ryan also created the Governor’s Commission on Capital Punishment to study the use of the death penalty in Illinois. As a result of this effort, comprehensive legislation was enacted to …

Trends In Misdemeanor Arrest Rates In New York., Preeti Chauhan, Adam G. Fera, Megan B. Walsh, Ervin Balazon, Evan Misshula, Jeremy Travis, John Jay College Of Criminal Justice, Citizens Crime Commission Of New York City

Reports and Publications from John Jay College

"John Jay College of Criminal Justice is pleased to publish this report documenting patterns in misdemeanor arrests in New York City (and, to a lesser extent, in New York State) over the past three decades. This report presents trends in the types of misdemeanors for which New Yorkers have been arrested; analyzes these data by the age, gender, and race/ethnicity of those receiving this enforcement attention; examines shifts in misdemeanor arrest activity by police precincts; displays changes in the issuance of Desk Appearance Tickets over time; and traces these misdemeanor arrests to the initial court disposition at arraignment." (from Introduction, …

An Overview Of The Rochester Drug Free Streets Initiative: A Developing Strategy That Addresses The Open-Air Marijuana Market Located In The Conkey & Clifford Neighborhood, Pedro O. Vazquez Gonzalez

Theses

Because low-level marijuana possession is not illegal in New York State, the police have difficulty intervening and eliminating the open-air marijuana markets in the City of Rochester. Project HOPE, a non-profit organization, is trying to find another way to intervene in the Conkey and Clifford neighborhood, and bring to an end the open-air marijuana market in that neighborhood. The object of this research is to identify the problems that are caused by the open- air marijuana market in the Conkey and Clifford neighborhood. I will also examine the process of project HOPE's new initiative that addresses the issues of the …

Gate Keeping And The Politics Of Access To Prisons: Implications For Qualitative Prison Research, Janani Umamaheswar

Qualitative Criminology (QC)

"In this article, I draw on and contribute to existing literature on reflexivity and access in qualitative research, specifically in the context of prison research. I do this through a critical discussion of the research process involved in conducting a study on women prisoners in the U.S. In addition to describing the obstacles I faced in gaining access to a research site in which to conduct the study, I also discuss the implications of gate keeping for knowledge produced about women prisoners. Finally, I build on Bosworth et al.’s (2005) discussion of prison research using communication by mail. I argue …

Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Aneta Spaic, Claire Angelique Nolasco

Qualitative Criminology (QC)

"This book traces the roots of financial crime to the Victorian Era roughly between the years 1840-1880. Wilson situates financial crime within the context of the concerns, perceptions, developments, and issues endemic to that period. She attempts to draw the reader to the realities of this particular Victorian era as it was unfolding and explains how financial misconduct within commerce became rampant as construction of the railways spurred the growth of industrialization. The book contributes to existing literature on financial crime by providing a historical analysis of its etymology and creating awareness of its historical origins and prevalence long before …

Legalizing Recreational Marijuana: Comparing Ballot Outcomes In Four States, Kenneth Leon, Ronald Weitzer

Qualitative Criminology (QC)

"Medical marijuana is now available in 23 states, and its growing acceptance has paved the way for the legalization of recreational marijuana. This article examines four recent campaigns to legalize recreational marijuana–two failures and two successes. Using data from newspaper sources, interviews with key players, and other sources, we examine the factors that influence whether a ballot initiative succeeds or fails. We identify similarities and differences between the four measures, the social forces shaping the debate, their claims and counterclaims, and a set of factors that appear to increase the odds that a recreational marijuana ballot measure will be successful."

An Examination Of The Researcher Guard Role: Bringing Prison Fieldwork Into The 21st Century, Scott Chenault

Qualitative Criminology (QC)

"In 1986, James Marquart published a seminal article on qualitative methodology in Justice Quarterly. In that piece he presented the strengths and weaknesses associated with the researcher guard role he used while conducting a prison ethnography in Texas. His method led to data that is still central to our understanding of prison culture. However, in the past 30 years, correctional philosophy and practice have undergone significant shifts in the United States. Despite these shifts, there has been a dramatic decrease in prison ethnography during the same time period. This article presents a modern adaptation of Marquart’s method, based on a …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of volume two of the Journal of Qualitative Criminal Justice & Criminology. Rather than closing with acknowledgments, I would like to start this editorial introduction with them. First and foremost, I would like to thank both the editorial board members and the reviewers for this volume of the journal. Their names are listed at the beginning of this issue for without them, this journal would not be possible. Still further, if it was not for the hard work and dedication of my book review editor, Kevin Steinmetz, who recently accepted an academic appointment at …

Bradley Garrett: Explore Everything: Place-Hacking The City, Kevin F. Steinmetz

Qualitative Criminology (QC)

"While most people seem content to enjoy the front-stages of everyday life– going to safe spaces deemed appropriate for occupation–there are those who are enthralled by the backstage spaces of contemporary urban landscapes. In Explore Everything: Place-Hacking the City, Bradley Garrett details his research into urban explorers, a subculture that delves into the hidden (or hidden in plain sight) city spaces such as abandoned urban ruins, underground tunnels, and imposing skyscrapers. To date, this work is most likely the definitive study of urban exploration (sometimes referred to as UE) and should be the starting point for anyone from student …

Contreras, Randol, The Stickup Kids: Race, Drugs, Violence, And The American Dream, Robert J. Durán

Qualitative Criminology (QC)

"Most academics do not live in segregated black or Latino communities that contain higher rates of violence and incarceration. Historically, ethnographers have attempted to bridge this gap, but only a small number of these researchers match the populations they are studying in terms of age, class, ethnicity, and gender. An even rarer ethnographer comes from these same neighborhoods and shares lifelong friendships with the participants. Randol Contreras’s Stickup Kids provides an in-your-face portrayal of a drug dealing crew turned drug robbers in the South Bronx of New York City during the late 1980s and early 1990s. Due to structural changes …

Holloway, Pippa, Living In Infamy: Felony Disfranchisement And The History Of American Citizenship, Gregory J. Fremin

Qualitative Criminology (QC)

"In a historical account of the origins of felony disfranchisement in America, Pippa Holloway details how race and regional politics formed the basis for the exclusion of African Americans on the right to vote. Holloway’s Living in Infamy attempts to connect the dots from the past to the present by educating the reader on how America came to utilize felony convictions as a societal class preservation tool to exclude African Americans from voting. Holloway delves deeply into ancient Roman and Greek law and continues through Anglo-European law and ideology to set the stage for how our forefathers in early America …

Nigel South & Avi Brisman (Eds.), Routledge Handbook Of Green Criminology, Gary R. Potter

Qualitative Criminology (QC)

"The first articulation of a ‘green’ criminology – that is, a criminology concerned with man-made environmental harm – is usually attributed to Michael Lynch (1990) in his essay The Greening of Criminology: a perspective on the 1990s. Although not the first criminological work on environmental harm, Lynch was one of the first to argue that environmental problems in themselves, and the social harms that so often stem from them, can be seen to be legitimate criminological concerns – and that criminologists, therefore, may be well positioned to contribute to analysis and discussion of the environmental degradation that has become …

Exploring The Roles Of Redemption, Agency, And Motivation In Two Groups Of High-Risk Felony Probationers, Steve Boehm

Qualitative Criminology (QC)

"Problem-solving courts were developed in the 1980s and 1990s to reduce recidivism and probation revocations. The first problem- solving courts focused primarily on treating drug abuse, but the missions have expanded to include issues such as domestic violence and the problems faced by returning war veterans. Research has found these courts to be generally effective, but there is wide variation in their outcomes, and there are questions about the perceptions of problem-solving court participants compared to other probationers. This study presents qualitative analysis of interview data for a group of problem-solving court probationers (n = 19) and a similar group …

Bill Chambliss, On The Take: From Petty Crooks To Presidents, Gary W. Potter

Qualitative Criminology (QC)

"On the Take: From Petty Crooks to Presidents (first published in 1978) was the product of seven years (1962-1969) of observational research in Seattle, Washington (Chambliss, 1988). Chambliss used his background in law and sociology to interpret the things he saw and the stories he heard on Seattle’s skid row. He gained entrée into Seattle’s underworld by posing as an itinerant truck driver. Outfitted in old, worn shirts, khaki slacks and with bearded stubble on his face, he interacted with the bottom echelon of Seattle’s crime entrepreneurs–bar owners, illegal card room and bingo operators, street-level drug dealers and prostitutes. …

Trending@Rwulaw: Professor Larry Ritchie's Post: Representing The Indigent, Roger Williams University School Of Law

Law School Blogs

No abstract provided.

At The Intersection Of Social Media And Rape Culture: How Facebook, Texting And Other Personal Communications Challenge The “Real” Rape Myth In The Criminal Justice System, Courtenay Daum, Holly Boux

University of Illinois Journal of Law, Technology & Policy

The “real” rape frame informs how both the criminal justice system and society in general understand rape and operationalize it as a crime. A significant contributor to the maintenance of rape culture in the United States is the belief that acquaintance rapes are not “real” rapes and that women who suggest otherwise are liars. The he said/she said dynamics of acquaintance rapes create ambiguities that work to the detriment of female victims seeking to pursue their cases in the criminal justice system because uncertainty allows individuals to resort to stereotypes and myths. Due to the fact that the “real” rape …

The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom

Theses & Dissertations

While the overall prison population has experienced an unprecedented growth period over the past thirty years, no segment has grown at a faster rate than the female population. Since the majority of female inmates in this country are mothers, it is imperative that the corrections system addresses the unique needs of this subset. This thesis investigates problems women face during the pregnancy period, while in labor and delivery, while their progenies are infants, children and adolescents and reunification issues during the parole period.